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Accidents involving motor vehicles have the potential to cause severe, life-altering harm to all parties involved. Even though modern cars are engineered with more safety features than ever, you are still at risk of serious injury if another motorist crashes into you while driving, cycling, or walking. As a result of your accident, you may incur costly medical bills and miss time away from work. You should not have to shoulder the financial, physical, and emotional burdens of an accident you did not cause.
If someone else’s reckless or careless actions lead to your collision, our skilled personal injury attorneys believe you should be fairly compensated for damages. We will not let insurance companies take advantage of you, and will tirelessly represent you in negotiations or in front of a jury. Contact our firm today to discuss your unique situation with a dedicated Marietta car accident lawyer.
Knowledgeable attorneys walk away from insurance companies that lowball settlement offers. With sufficient evidence of a defendant driver’s wrongdoing, an attorney can prove the four elements of negligence needed for a fair jury award. These elements include duty, breach, causation, and injuries.
All drivers have the same duty to drive as safely as a reasonable person would in similar circumstances. Driving recklessly or carelessly is a breach of this duty. If this breach directly causes an accident in which another person is injured, the elements of negligence are present. Some common negligent acts include:
A plaintiff who can link the recklessness of another to his or her injuries has the grounds to pursue a negligence lawsuit. A tenacious Marietta attorney can help those injured in car accidents recover fair restitution for harm caused.
Sometimes, car accidents happen due to negligence on behalf of both parties. In Ohio, the modified comparative negligence rule is applied in personal injury cases, meaning that juries can decide how much fault to assign each party. If the plaintiff is less than 50 percent responsible, he or she can recover a portion of the damages calculated as the percentage of fault for both parties.
For example, if a plaintiff is assigned 25 percent of the blame for running a red light, and the defendant is assigned 75 percent of the blame due to speeding and driving under the influence, the plaintiff will receive 75 percent of the damages award.
Although modified comparative negligence is a court tool, insurance companies consider it when offering settlements. They often accuse the plaintiff of being partly responsible, even if he or she is not, in order to lay the groundwork for a lowball settlement. Following a car accident, an injured party’s priority should be contacting a Marietta attorney who can skillfully handle negotiations and court trials.
Ohio law limits the time a plaintiff has to file a personal injury lawsuit. The Statute of Limitations from Ohio Revised Code section 2305.10 is two years. As a Marietta attorney can further explain, exceeding the limit could mean a plaintiff being barred from holding a defendant accountable after a car accident. Because of this, it is vital to enlist the help of seasoned legal counsel as soon as possible.
Compensatory damages are split between economic and non-economic categories. Economic damages reimburse plaintiffs for losses with settled values, such as medical bills, property damages, and lost wages.
Non-economic damages reimburse plaintiffs for losses that do not come with a price tag, such as pain and suffering, loss of future earnings, and loss of marital relations. Juries will assess evidence and testimony in order to assign value to these elements.
An experienced Marietta attorney can help those injured in car accidents recover both economic and non-economic damages for their harm.
Every time someone gets behind the wheel of a car, they assume a duty to drive and act responsibly. If someone breaches this duty and directly causes an accident, they can be held liable for any resulting injuries. If you were harmed in an auto collision caused by another driver’s negligence, an attorney can help you pursue legal action.
Our experienced Marietta car accident lawyers can negotiate with insurance companies and, if necessary, advocate before a jury for fair compensation. Allow our attorneys to help ease the legal burden you are facing. Contact us today to schedule a consultation.
Jan Dils, Attorneys at Law